HomeMy WebLinkAbout00 CC AGENDA 08-04-09CITY OF TUSTIN
REGULAR MEETING OF THE
CITY COUNCIL
Jerry Amante, Mayor Pro Tem
Deborah Gavello, Councilmember
John Nielsen, Councilmember
Jim Palmer, Councilmember
AUGUST 4, 2009
_ ~ COUNCIL CHAMBER
300 CENTENNIAL WAY, TUSTIN
William A. Huston, City Manager
Douglas Holland, City Attorney
Doug Davert, Mayor Pamela Stoker, City Clerk
George Jeffries, City Treasurer
CLOSED SESSION MEETING
5:30 P.M.
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CALL TO ORDER -Meeting #2217
ATTENDANCE
PUBLIC INPUT -Members of the public may address the City Council on items on the
Closed Session Agenda.
CLOSED SESSION ITEMS -The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice
from the City Attorney, that discussion in open session of the following matters will
prejudice the position of the City in existing and anticipated litigation:
A. EXPOSURE TO LITIGATION [Govt. Code § 54856.9(b)] -Two Cases
B. INITIATION OF LITIGATION [Govt. Code § 54856.9(c)] -Two Cases
C. EXISTING LITIGATION [Government Code Section 54856.9(a)] -One Case -
Marble Mountain Partners, LLC v. City of Tustin et al., Case No. 30-2008-
00116681
NOTE: As required by Senate Bi11343, any non-confidential writings or documents
provided to a majority of the City Council members regarding any item on this
agenda will be made available for public inspection in the City Clerk's office
located at 300 Centennial Way, Tustin, CA during normal business hours.
REGULAR CITY COUNCIL MEETING
7:00 P.M.
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CALL TO ORDER -Meeting #2217
INVOCATION -Rev. Christopher Pham, St. Cecilia's Church
PLEDGE OF ALLEGIANCE -Mayor Davert
ROLL CALL -City Clerk Stoker
CLOSED SESSION REPORT -City Attorney Holland
PUBLIC HEARING ITEM
A public hearing provides individuals the opportunity to be
heard regarding an intended action of the City
Council/Community Redevelopment Agency related to land
use or fees. (City Council Agenda Item 1)
1. PUBLIC HEARING: ADOPTION OF RETAIL WATER RATES
The purpose of the public hearing, under the California Constitution
("Proposition 218") is to permit the property owners to comment upon or present
objections to the proposed water rate increases. The proposed rate increases
expand the current rate structure from four to seven tiers, (as defined in
Attachment 1 to Agenda Report); establishes a capital project fee solely
dedicated for non-debt financed capital improvement projects; provides for a
new pass-through adjustment to account for unanticipated third party charges
related to the purchase of electricity and/or imported water; and establishes
Water Demand Reduction Stages (WDRS) that would enable the City to comply
with wholesale water use restrictions in response to regional water shortage
conditions as necessary. The WDRS was included within the official Proposition
218 notice of Public Hearing to ensure proper noticing and compliance. Only
upon specific City Council authorization can a WDRS be declared and put into
action.
The proposed rate increases would be effective August 5, 2009 for fiscal year
2009-2010 and July 1St in subsequent fiscal years. The typical residential
customer would experience an increase of 10.8% in FY 2009-10, 10.5% in FY
2010-2011, and 7% in FY 2011-2012 through FY 2013-2014. Additionally, the
City Council Meeting August 4, 2009
Agenda Page 2 of 9
pass-through adjustment is restricted to-not-exceed 7% of the annual water
charges.
Recommendations:
1.a. Conduct a public hearing to receive testimony on the proposed water rate
increases for fiscal year 2009-2010 through fiscal year 2013-2014; and
1.b. Adopt resolution, if there is no majority protest.
RESOLUTION NO. 09-41 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, ADJUSTING WATER
SERVICE RATES
ORAL COMMUNICATION /PUBLIC INPUT - At this time, any member of the public may
address the City Council on matters, which are listed on this agenda or under the
jurisdiction of the City Council. If the item you wish to speak on is a public hearing, you
may wish to wait until the Council considers that item.
CONSENT CALENDAR ITEMS
All matters listed under the Consent Calendar are
considered to be routine by the City Council and will be
enacted by one motion without discussion. Persons
wishing to speak regarding Consent Calendar matters
should file a "Request to Speak" form with the City Clerk.
(Agenda Items 2 through 12)
2. APPROVAL OF MINUTES -REGULAR MEETING OF JULY 21, 2009
Recommendation: Approve the Action Minutes of the Regular City Council
Meeting held on July 21, 2009.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Demands in the amounts of $1,250,885.85; $810,983.46;
and Payroll in the amount of $733,665.69.
4. PLANNING ACTION AGENDA -JULY 28, 2009
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
City Council Meeting August 4, 2009
Agenda Page 3 of 9
Recommendation: Receive and file.
5. DESTRUCTION OF RECORDS -CITY CLERK'S OFFICE
Resolution No. 01-91, the Record Retention/Disposition Schedule, permits
destruction of records and documents which meet certain criteria with the
approval of the City Attorney and the City Council.
Recommendation: Adopt resolution.
RESOLUTION NO. 09-45 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE
DESTRUCTION OF CERTAIN CITY RECORDS AND PAPERS IN THE
POSSESSION OF THE CITY CLERK OF THE CITY OF TUSTIN NO
LONGER REQUIRED FOR THE CONDUCT OF CITY BUSINESS,
PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF
TUSTIN'S RECORDS RETENTION SCHEDULE
6. ADOPTING A RESOLUTION AMENDING A PORTION OF THE CITY'S
RECORDS RETENTION /DISPOSITION SCHEDULE
The Records Retention/Disposition Schedule specifies how long each record
will be held in active storage, inactive storage, and the date of destruction. It
also specifies records that are kept permanently owing to their vital or archival
statute. The Records Retention/Disposition Schedule was established to apply
efficient and economical methods to create, use, maintain, retain, preserve, and
dispose of City records, including those on electronic media.
The resolution proposes to amend a portion of the City's Records
Retention/Disposition Schedule as it relates to the retention of audio/video of
City Council, and Planning, Community Services, and Audit Commission
meetings.
Recommendation: Adopt resolution.
RESOLUTION NO. 09-46 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE RECORD
RETENTION AND DISPOSITION SCHEDULE
7. QUARTERLY INVESTMENT REPORT
Government Code Section 53646 requires that the Treasurer make an
Investment Report to the City Council at least quarterly showing balances by
authorized investments and certifying its compliance with the adopted
City Council Meeting August 4, 2009
Agenda Page 4 of 9
Investment Policy.
Recommendation: Receive and file.
8. CONSIDERATION OF CLAIM OF GILBERT GARCIA, CLAIM NO. 09-13
The Claimant is alleging injury to his right wrist, alleging false charges, racial
profiling and violation of civil rights.
Recommendation: Deny Claim Number 09-13, Gilbert Garcia, and direct Staff
to send notice thereof to the Claimant.
9. CONSIDERATION OF CLAIM OF BRIAN MACDONALD, CLAIM NO. 09-21
The Claimant alleges loss of personal property, business and personal records,
emotional trauma, damage to his reputation and lost wages as a result of his
arrest for the unlawful taking of a vehicle.
Recommendation: Deny Claim Number 09-21, Brian MacDonald, and direct
Staff to send notice thereof to the Claimant.
10. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
FILE THE NOTICE OF COMPLETION FOR THE NEWPORT AVENUE
MEDIAN MODIFICATIONS AT ANDREWS STREET AND MAIN STREET (CIP
NO. 4072); THE ANNUAL MAJOR PAVEMENT MAINTENANCE PROJECT, FY
2008-2009 (CIP NO. 7001); AND THE ANNUAL SIDEWALK REPAIR
PROJECT, FY 2008-2009 (PROJECT NO. 402-6235)
Construction of the Newport Avenue Median Modifications at Andrews Street
and Main Street (CIP No. 4072); the Annual Major Pavement Maintenance
Project, FY 2008-2009 (CIP No. 7001); and the Annual Sidewalk Repair Project,
FY 2008-2009 (Project No. 402-6235) have been completed to the satisfaction
of the City Engineer and are now ready for City Council acceptance.
Recommendations:
10.a. Adopt resolution; and
RESOLUTION NO. 09-43 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS
OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF
THE NOTICE OF COMPLETION FOR THE NEWPORT AVENUE
MEDIAN MODIFICATIONS AT ANDREWS STREET AND MAIN
STREET (CIP NO. 4072); THE ANNUAL MAJOR PAVEMENT
MAINTENANCE PROJECT, FY 2008-2009 (CIP NO. 7001); AND THE
City Council Meeting August 4, 2009
Agenda Page 5 of 9
ANNUAL SIDEWALK REPAIR PROJECT, FY 2008-2009 (PROJECT
NO. 402-6235)
10.b. Authorize the City Engineer to execute and file the Notice of Completion
with the County Recorder's Office.
11. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE TO RECEIVE BIDS FOR THE TUSTIN CIVIC CENTER ROOF
REPLACEMENT PROJECT (CIP NO. 1032)
The plans and specifications for the Tustin Civic Center Roof Replacement
Project (CIP No. 1032) have been prepared and the project is ready to be
advertised to receive bids. The project is Categorically Exempt under California
Environmental Quality Act (CEQA) and the required Notice of Exemption has
been recorded with the County Recorder's Office.
Recommendation: Adopt resolution.
RESOLUTION NO. 09-42 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND
SPECIFICATIONS FOR THE TUSTIN CIVIC CENTER ROOF
REPLACEMENT PROJECT (CIP 1032)
12. ARTERIAL HIGHWAY CAPACITY ENHANCEMENTS SIX MONTH
EVALUATION
On November 4, 2008 the City Council adopted Ordinance Number 1357,
prohibiting parking along designated portions of Newport Avenue, Red Hill
Avenue and Irvine Boulevard in order to provide an additional travel lane in
each direction. On February 1, 2009 parking restrictions became effective along
the three arterials and pavement striping was modified from four lanes to six
lanes. This action was taken to enhance the capacity of each arterial, increase
mobility, and decrease congestion and travel delay. No additional right-of-way
was required to provide these improvements.
Pursuant to City Council direction, staff has prepared asix-month evaluation.
Enhancing the arterials has resulted in noticeable improvement in mobility,
travel time, and flow. As anticipated, transitional traffic patterning has been
eliminated, speed has not increased, and parking absorption occurred.
Recommendation: Receive and file this report.
City Council Meeting August 4, 2009
Agenda Page 6 of 9
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally
proposals for new legislation or items requiring
discussion. (Agenda Items 13 through 17)
13. INTERIM URGENCY ORDINANCE NO. 1368 REGARDING MASSAGE
ESTABLISHMENTS AND THERAPISTS
Ordinance No. 1368 is an interim measure proposed to implement regulations
on the establishment and operation of massage establishments and massage
therapists for a period of 45 days. The Tustin City Code currently requires
massage businesses to obtain a Conditional Use Permit, and all massage
businesses must comply with the City's Personal Services regulations. On
September 27, 2008, the Governor signed Senate Bill (SB) 731 revising the
Business and Professions Code, relating to massage therapy. Of specific note
is the Bill's language providing for the certification of massage practitioners and
therapists by the Massage Therapy Council (a nonprofit organization) and
prohibiting a City from enacting ordinances regulating the practice of massage
by a certificate holder. The City Attorney's office has noted the need for an
interim Ordinance while the City monitors the state's newly enacted legislation
and refines the City's local code to ensure adequate regulations are enacted.
Recommendation: Adopt Urgency Ordinance No. 1368 (Requires at least a
4/5 vote).
ORDINANCE NO. 1368 - AN INTERIM URGENCY ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING PART 2 OF CHAPTER 6 OF THE TUSTIN CITY CODE,
RELATING TO REGULATION OF MASSAGE ESTABLISHMENTS AND
MASSAGE THERAPISTS FORA PERIOD OF FORTY-FIVE DAYS
PENDING THE COMPLETION OF A STUDY OF THE REGULATIONS
AND IMPLEMENTATION GUIDELINES ANTICIPATED FROM THE
MASSAGE THERAPY COUNCIL APPLICABLE TO THE REGULATION
OF MASSAGE THERAPISTS UNDER RECENT STATE LEGISLATION
14. NON- PROFIT PROGRAM SUBSIDIES AND FEE WAIVERS
At their July 21, 2009 meeting the City Council directed staff to return with a
resolution embodying a new policy stating all programmatic subsidy and
percentage fee waivers made to non-profit organizations and community groups
be eliminated beginning this fiscal year. A proposed resolution is attached to
the agenda report for consideration.
Recommendation: Pleasure of the City Council.
City Council Meeting August 4, 2009
Agenda Page 7 of 9
15. WIRELESS COMMUNICATIONS MASTER PLAN
This report is to inform the City Council that the Wireless Master Plan (WMP) as
contracted with ATS Communications (ATS) has been completed.
Recommendation: Receive and file the Wireless Communications Master Plan.
16. CROSSING GUARD SERVICES CONTRACT WITH ALL CITY MANAGEMENT
SERVICES, INC.
To establish a benchmark for the purpose and need for the City's participation in
the School Crossing Guard Services Program, a warrant analysis of the existing
thirty-one crossing guard posts was conducted by the Public Works
Department. The criteria for the warrant analysis are established in the
California Manual of Uniform Traffic Control Devices (CA MUTCD). Warrants
are based upon a combination of pedestrian volumes and conflicting vehicular
volumes.
The warrant analysis concluded 6 of the 31 crossing guard posts met warrant
criteria in both vehicular and pedestrian volumes (Category 1). The remaining
25 crossing guard posts did not meet warrant criteria. Ten of those intersections
did not meet warrant criteria in either vehicular volumes (Category 2) or
pedestrian volumes (Category 3). The remaining 15 current crossing guard
posts (Category 4 of the study) did not meet warrant criteria in either vehicular
or pedestrian volumes.
One option is to execute a new contract with only the six crossing guard posts
that met warrant criteria (Category 1). A second option is to approve a new
contract with the 16 posts included in Categories 1 through 3. Although the
posts in Category 2 and Category 3 did not meet the warrant criteria in both
categories, the pedestrian volumes in Category 2 and the vehicular volumes in
Category 3 were significant in either the AM or PM peak hour to consider
keeping these posts active.
In addition, eight posts that cross kindergarten children during the noontime
hour were eliminated due to the Tustin Unified School District institutional
practice and requirement that kindergarten age children are to be escorted to
and from school by an adult or sibling.
Recommendations:
16.a. Receive and file the Crossing Guard Warrant Study conducted by Austin
Foust Associates, Inc.;
16.b. Approve and execute the contract with All City Management Services,
Inc. for fiscal year 2009 - 2010 with a reduced level of service based on
the Crossing Guard Warrant Study:
City Council Meeting August 4, 2009
Agenda Page 8 of 9
Option 1 - To include 6 warranted posts with 7 guard positions (Category
1) with no noontime crossings;
Option 2 - To include 16 warranted posts with 22 guard positions
(Categories 1 through 3) and no noontime crossings;
16.c. Direct City Staff to meet with Tustin Unified School District
representatives to discuss entering into an agreement with the City to
fund any additional crossing guard posts they may deem necessary,
and/or to enter into an agreement to provide student or parent volunteer
crossing guard posts; and
16.d. Authorize the City Manager or the Chief of Police to sign any
amendments to the contract with All City Management Services, Inc.
based on negotiations with the Tustin Unified School District, subject to
approval by the City Attorney.
17. LEGISLATIVE REPORTS -SENATE BILL (SB) 696, AIR QUALITY: CEQA
EXEMPTIONS: EMISSION REDUCTION CREDITS
If approved, Senate Bill (SB) 696 authorizes the South Coast Air Quality
Management District California (SCAQMD) to restart issuing air permits to
businesses and public agencies within the region.
In addition, Council may request that staff prepare reports, and/or letters of
support/opposition on legislative matters that are time-sensitive and not
agendized.
Recommendation: Support SB 696 and direct staff to transmit the letter
attached to the Agenda Report. The City Council may also take any other
actions required on legislative matters.
OTHER BUSINESS /COMMITTEE REPORTS -City Manager, City Attorney, City Council
ADJOURNMENT --The next meeting of the City Council is scheduled for Tuesday,
September 1, 2009 at 5:30 p.m. for the Closed Session Meeting
followed by the Regular Business Meeting at 7:00 p.m. in the Council
Chamber, 300 Centennial Way, Tustin, California.
City Council Meeting August 4, 2009
Agenda Page 9 of 9